HomeMy WebLinkAboutResolutions - 1999.11.18 - 25841MISCELLANEOUS RESOLUTION #99287 November 18, 1999
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS - OPPOSITION TO PROPOSED CHANGES TO DETERMINING
AD VALOREM TAX BASE FOR GAS, ELECTRIC AND PIPELINE COMPANIES
To the Oakland county Board of commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Tax Commission has received a proposal to use Rate Base,
Net Book Value or its close equivalent, as the basis for Ad Valorem Tax
Assessments for gas, electric and pipeline companies; and
WHEREAS the proposal is contrary to current court precedent and past
practice; and
WHEREAS the definition of True Cash Value states that "the value attributed
to the property of regulated Public Utilities by a governmental agency for rate
making purposes shall not be considered controlling evidence of True Cash Value
for assessment purposes"; and
WHEREAS the Case Law, Consumers Power Company v. Big Prairie Township 81
Mich. App. 120, Transcontinental Pipeline v. Bernards Township 545 A.2d746 (1988)
and Consumers Power v. Port Sheldon Township 91, Mich. App. 180 (1979) say that
the value for Ad Valorem tax purposes and Rate Making purposes are different.
Rate Making and/or Net Book Value is consistent with the rate making process but
is not related to or consistent with value; and
WHEREAS adoption of Net Book Value or Rate Base is non-uniform with the
value methods used for other taxpayers, Commercial, Industrial, Residential, and
Agricultural included; and
WHEREAS effect of adopting Rate Base or Net Book Value for gas, electric,
and pipeline companies will result in an unjustified loss of tax base and a shift
of tax burden away from these utilities toward other taxpayers, and an ultimate
increase in tax rates to make up for lost revenue; and
WHEREAS this is unfair and is not supported by Case Law.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
opposes this proposed change in tax policy and the resultant shift of tax burden
to other taxpayers.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
supports the use of reproduction cost new less depreciation along with
consideration of the market and income approaches consistent with the methods
used for all other taxpayers in valuing gas, electric, and pipeline companies for
Ad Valorem tax purposes.
Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #99287 November 18, 1999
Moved by Douglas supported by Sever the resolution be adopted.
Moved by Dingeldey supported by Douglas the resolution be amended by adding
the following BE IT FURTHER RESOLVED paragraph:
BE IT FURTHER RESOLVED that this resolution be forwarded to the
Oakland County Legislative Contingent, Michigan Association of Counties,
Michigan Municipal League and the Michigan Township Association.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever,
Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Devine, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Law, McCulloch, McPherson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on November 18, 1999 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this Adth dXof November, 1999.
G. William Caddell, County Clerk